Itron, Inc. v. Consert, Inc., C.A. No. 7720-VCL (Del. Ch. Jan. 15, 2015).
Why this Case is Worth Reading: The Court of Chancery in this opinion provides very explicit guidance on a procedure to follow if parties are unable to agree on the required stipulations that must be entered into pursuant to Rule 16 as part of a proposed pre-trial order that must be submitted to the Court.
In addition, practical pronouncements of the law are provided regarding the factors that will be considered by the court to determine whether responses to interrogatories will be treated as admissions for purposes of trial. Lastly, although it may seem self-evident, the court examines and addresses the analysis that applies to responses to requests for admissions for determining when those responses can be used as stipulated admissions for purposes of a proposed pre-trial order pursuant to Rule 16.
The court’s treatment of Court of Chancery Rules 16, 33 and 36 are useful references not only for those who practice Delaware corporate litigation but also for Delaware litigators in general.